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How Do I Deal With Undesirable Tenant?
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MaichBlack
#51 Posted : Thursday, February 10, 2011 2:07:59 PM
Rank: Elder

Joined: 7/22/2009
Posts: 7,910
alma wrote:
@mukiha in your exact same position. This is a great post and that kicking out bit is the one that i want to know too. Not interested in hiring goons.

This demand letter thing. So you say the rent is due on 5th. If it is late, you write a demand letter for the due date. Then what? What are your options then? Do you need a lawyer for these and who pays the fees?

@mukiha and @alma - You guys don't know how to draft landlord - Tenant agreements. Okay, maybe you know, but there is one simple but important bit you are omitting. Put in a late payment clause. If the tenant delays by even a day, a penalty of 10% or 2k per day [Vary depending on the rent] whichever is higher! And enforce even if he pays on 6th instead of 5th. No negotiations! Trust me, the fellow will never be late with rent.
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
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youcan'tstopusnow
#52 Posted : Thursday, February 10, 2011 3:09:50 PM
Rank: Chief

Joined: 3/24/2010
Posts: 6,779
Location: Black Africa
mkonomtupu wrote:
He went and got a carpenter and then went to the premises and removed the door. When the tenant came back home he found the door gone and a note to pick his things before the landlord let loose his dogs for the night. The tenant took off and next day the landlord had a new tenant and new conditions. Two months rent deposit you don't pay you stay for one month and the next month the door is removed and your deposit is used to repair the same.

Waah! Huyo jamaa ni mnoma!
GOD BLESS YOUR LIFE
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  | | Edit by moderator: Thursday, February 10, 2011 5:00 PM | Reason: quote corrected for user
mukiha
#53 Posted : Thursday, February 10, 2011 6:20:35 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
MaichBlack wrote:
alma wrote:
@mukiha in your exact same position. This is a great post and that kicking out bit is the one that i want to know too. Not interested in hiring goons.

This demand letter thing. So you say the rent is due on 5th. If it is late, you write a demand letter for the due date. Then what? What are your options then? Do you need a lawyer for these and who pays the fees?

@mukiha and @alma - You guys don't know how to draft landlord - Tenant agreements. Okay, maybe you know, but there is one simple but important bit you are omitting. Put in a late payment clause. If the tenant delays by even a day, a penalty of 10% or 2k per day [Vary depending on the rent] whichever is higher! And enforce even if he pays on 6th instead of 5th. No negotiations! Trust me, the fellow will never be late with rent.

@MaichBlack: I have been collecting the penalty (10%) right from the first month. I just got tired of this guy and I want him out.
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Mwananichi
#54 Posted : Thursday, February 10, 2011 11:23:30 PM
Rank: New-farer

Joined: 9/14/2010
Posts: 7
Engage property agents, who after deducting their commission, you will be left with your 32k rent income. After a 1 month notice for rent increment(to factor in the property agent's fee) Akihama ndio utawachana na agents. They can handle such stressful tenants.
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Wa_ithaka
#55 Posted : Thursday, February 10, 2011 11:56:09 PM
Rank: Veteran

Joined: 1/7/2010
Posts: 1,279
Location: nbi
Threaten him with castration
The Governor of Nyeri - 2017
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MaichBlack
#56 Posted : Friday, February 11, 2011 11:20:57 AM
Rank: Elder

Joined: 7/22/2009
Posts: 7,910
mukiha wrote:

@MaichBlack: I have been collecting the penalty (10%) right from the first month. I just got tired of this guy and I want him out.

@mukiha - I didn't mean a flat 10%. Ati the guy pays on the 25th - 20 days late - and you penalize him 10% same as if he would have paid on the 6th! No! In such a case, if he's late by a day he'll just decide to delay mpaka twenty something - It is 'just' 10% penalty either way!

This is how it works - 10% or 2k per day whichever is greater. Let's assume the rent is 35k. If he pays on the 6th - 3.5k on top, 7th - 4k [which is higher than 3.5k] on top, 8th - 6k on top,... 25th - 40k on top!!! Or you can simplify and have a penalty of 2k for everyday delayed!

Who do you think will take this rent payment maneno more seriously than the other one in such an arrangement? And this is already happening elsewhere as we speak. It is not a theoretical solution. If 5th is on a Sunday, and Friday is a holiday the fellow pays on Thursday 2nd and hands the deposit slip to you ASAP - bila kuambiwa na yeyote! Hapana mchezo.
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
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Sasha
#57 Posted : Friday, February 11, 2011 11:30:41 AM
Rank: Veteran

Joined: 9/5/2007
Posts: 627
@Chaka: You need to present the signed lease at the Lands ministry within 42 days of the date of the lease. It needs to be a properly signed lease i.e. there must be a witness, signed by a registered advocate and all details of plot numbers must accurate for it to be valid!
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Querry
#58 Posted : Thursday, July 07, 2011 4:43:55 PM
Rank: Member

Joined: 1/22/2011
Posts: 193
Location: nairobi
Did the tenant hama?
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Xymalos
#59 Posted : Tuesday, March 29, 2016 1:10:15 PM
Rank: New-farer

Joined: 2/14/2015
Posts: 98
Location: Kenya
mkonomtupu wrote:
@Mukiha, used to have a client with a similar situation he had some houses at mucatha. I advised him the lawful way is to distress for rent, you send a letter to the auctioneer who then pins a proclamation on the tenants to collect the goods, if the tenant does not pay then the auctioneer collects the goods for auction. He just told me i don't know biashara. He went and got a carpenter and then went to the premises and removed the door. When the tenant came back home he found the door gone and a note to pick his things before the landlord let loose his dogs for the night. The tenant took off and next day the landlord had a new tenant and new conditions. Two months rent deposit you don't pay you stay for one month and the next month the door is removed and your deposit is used to repair the same.


I gave a tenant one month notice to vacate and the tenant will not vacate or pay rent following expiry of the the notice. If I file a Plaint/motion to evict, how long will the Court take to give me orders to evict? can I file under Certificate of urgency to expedite the process? is hiring an auctioneer to levy distress for rent and evict at the same time legal way to proceed? I just want to get the lunatic out of my house! Anybody who has legally evicted a tenant, please advice how you did it.
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